Although not entirely clear, even before the enactment of section 162(k) greenmail payments
were presumably nondeductible.
Kosnik (1987, 1990) found that boards of directors authorizing greenmail payments
possess different characteristics than boards that do not pay greenmail under similar circumstances.
In addition to withdrawing TAM 8516002, TAM 8626001 specifically considered the treatment of greenmail payments
Among the weapons being brandished by top managements attempting to maintain their control against the onslaught of corporate raiders are: poison pills, golden parachutes, greenmail payments
, changes in voting rights, leveraged buy-outs, and corporate restructuring.
Observation: This decision could adversely affect corporations that paid and deducted greenmail under a survival theory by threatening the deductibility of greenmail payments